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LIMERICK COURT RESUMES HEARING ON HEALY CASE |

LIMERICK COURT RESUMES HEARING ON HEALY CASE

LIMERICK — In a notable legal proceeding, the hearing in the case of James Healy versus Margaret Healy was resumed and concluded today in the Chancery Division before the Master of the Rolls. James Healy, a farmer from New Street, Limerick, brought the case against Margaret Healy, widow of John Healy of Thornhill, Birdhill, Co. Tipperary. Margaret Healy was sued in both her personal capacity and as the executrix of the deceased.

The plaintiff sought a declaration that the sum of £450, paid to Margaret Healy by the Munster and Leinster Bank in Limerick on February 23, 1912, constituted a portion of the assets of the deceased, who passed away the following day. James Healy alleged that, while John Healy was mentally incompetent, Margaret Healy, by exerting undue influence, persuaded her husband to draw a cheque in her favour for £450.

Margaret Healy denied the accusations of undue influence, asserting that the £450 was a valid gift. The case hinged on the mental competence of the deceased and the presence of any undue influence exercised by the defendant.

In delivering the judgment, the Master of the Rolls concluded that John Healy was perfectly competent at the time he drew the cheque in favour of his wife and was aware of his actions. The judgment noted the absence of evidence supporting the claim of undue influence on the part of Margaret Healy, and there was no indication that the deceased intended the defendant to hold the money in a trustee capacity.

As a result, the action brought by James Healy was dismissed, and the plaintiff was directed to cover the defendant’s costs of the trial. The court found no grounds to substantiate the plaintiff’s allegations, and the verdict rested on the Master of the Rolls’ assessment of the evidence presented.

It was revealed during the proceedings that, according to the deceased’s will, James Healy was bequeathed the farm of Cappadine and a legacy of £400. In a post-judgment arrangement, Margaret Healy agreed to surrender immediate possession of the Cappadine farm to James Healy. In return, James Healy committed not to seek an order for general administration of the estate.

Legal representation for the plaintiff included Mr Sergeant Sullivan and Mr Ernest J. Phelps, instructed by Messrs. P. S. Connolly and Co. The defence was represented by Mr Patrick Lynch, K.C.; Mr Wm. Carrigan, K.C., and Mr D. J. O’Brien, instructed by Mr James O’Brien.

This case has attracted attention due to its intricate legal aspects, but the court’s decision rests on the specific details presented during the hearing. The judgment emphasizes the importance of thorough examination and evidentiary support in legal proceedings of this nature.

Evening Herald (Dublin) – Thursday 24 July 1913

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